PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. IT IS REQUESTED THE COLLABORATOR PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS HERE IN.
The purpose of this document is to regulate the terms and conditions (“TCs”) under which CASE will carry out the In-Home Internet Measurement Project (the “Project”), in collaboration with the Collaborator, through a Device that allows to measure and evaluate the quality of the user's Internet connection, both by cable and WiFi network (the "Collaboration").
In addition to the definitions that could occasionally be established along these TCs, the following terms, used both in singular and plural, in this document have the meaning indicated below:
1) CASE means the Spanish entity CASE ON IT, SL, established in Madrid, Calle Fuencarral, No. 123, 4th floor, B, with tax number B-87126249. Email: firstname.lastname@example.org
2) Collaborator means the individual participating in the Project who accept these TCs.
3) Device means the physical appliance, property of CASE, to be installed at Collaborator´s home, with the following characteristics:
- Dimensions 10 cm x 10 cm x 5 cm.
- Powered by 230V cable (included) with connection type F (Schuko).
- Connect to the router via Ethernet cable (included) with RJ45 connection.
- WiFi connection to the network wirelessly as explained at https://config.caseonit.com/.
- Anti-heating system.o It does not require ventilation.
- It does not produce noise.
4) Disconnection means the termination of the Device operation, either due to the Collaborator´s will or for reasons out of Collaborator´s control, for a continuous period of twenty-four (24) hours.
5) Parties means CASE and the Collaborator jointly considered. "Party" means any of them.
6) TCs means this document including any annexes that the Parties may subscribe in the future.
The Collaborator is obliged to carry out the Collaboration for a minimum period of one (1) year from the date of acceptance of these TCs ("Minimum Term"). The Project will last for 3 years and will be renewed for annual periods. Future extensions of the Project may be applicable.
Upon the expiration of the Minimum Term, the Collaboration will be automatically extended for successive annual periods, unless either Party provides the other with a non-renewal notice, to be sent one (1) month in advance, prior to the termination of the Minimum Term or any extensions thereof.
The duration of the project will be up to 3 years, during which you, as a participant, will receive up to the equivalent of euros defined in the previous questionnaire. All rewards will be awarded via the panel incentive program.
Remuneration may be defined and paid by CASE or by a third party.
5. COLLABORATOR OBLIGATIONS
Under these TCs, the Collaborator assumes the following obligations:
1. At the beginning of this collaboration, Collaborator shall accept these TCs by completing the registration process as stated at https://config.caseonit.com/.
2. Connect the Device as soon as he/she receive it at the address notified, in accordance with the connection instructions that are provided to the Collaborator along with the Device.
3. Ensure that the Device remains connected during the Term of the collaboration with CASE and agree not to disconnect it under any circumstances.
4. Immediately notify CASE of any incident that may arise in relation to the proper functioning of the Device.
5. If the Collaborator changes the ISP and/or type of fare (with your current provider), it shall notify CASE within a maximum period of fifteen (15) working days from the formalization of such change by any of the communication procedures set out in these TCs.
6. Make a proper and good use of the Device, which shall be used exclusively for the collaboration herein contained.
7. Follow any CASE instructions in order to keep the Device in proper ambient temperature conditions, away from extreme temperatures, direct sunlight and dust as well as away from any source of undue and unnatural stress. The Device shall be always handled with care.
6. CESSATION OF DEVICE OPERATION
If the disconnection of the Device has been caused by a malfunction in it, CASE shall withdraw the Device for being repaired or, if necessary, to return with a new Device. If CASE detects in its sole discretion that the Device has been damaged due to a misuse by Collaborator, CASE may require the Collaborator to assume the total cost incurred for the repair and/or the replacement of the same up to a maximum of twenty euros (€20).
If after the cure period, the Collaborator does not proceed to put the Device back into operation for whatever reason, CASE will not make any relevant payment. In addition, CASE may terminate the Collaboration without notice and without compensation of any kind, in which case the Device will be collected from the Collaborator´s address.
Collaborator will not be responsible for any Device unavailability or disconnection caused by circumstances beyond Collaborator's reasonable control, including, without limitation, acts of God, flood, fire, earthquakes, denial-of-service attacks, or third-party Internet service provider failures or delays. Such this occur, CASE will contact the Collaborator in order the Collaborator to put the Device back in operation within a maximum of two (2) business days from the notification by CASE.
In case of theft or loss of the Device, Collaborator shall notify CASE within a maximum of two (2) business days from the occurrence of the event and provide CASE with any relevant information and/or document that CASE may request in order to obtain evidence of the theft or loss. If the Collaborator fails with the previous, CASE may require the Collaborator to assume the total cost incurred for the replacement of the Device up to a maximum of twenty euros (€20).
7. INTELLECTUAL PROPERTY RIGHTS
The Collaborator expressly acknowledges and agrees that any and all proprietary materials and information resulting as a result of the Collaboration shall belong to CASE and that CASE shall be the true and lawful owner of all copyrights and all other proprietary rights of any other nature, including goodwill, trademark rights, patents and design rights, (collectively “Rights”) in and to such items and shall be considered to be the sole and exclusive author of such materials within the meaning of the Spanish Copyright Act.
Such rights include the documentation, data and/or supporting material arisen from the result of the Collaboration, as well as any data and information obtained through the Device which is generated because of the Collaboration.
8. DATA PROTECTION
Who will process the data: For the purpose of executing the Project, CASE will collect and process personal data from the Collaborator. In addition, as part of the Project execution, CASE will share technical information related to the service with third party network providers, service providers or public entities as telecommunication regulators.
Which data will be processed: identification data, physical location data, contact data, information related to the contracted telecommunications service (e.g. Internet access information) and technical information related to the service (e.g. IP address or MAC ETH address).
Legal basis for the process: the Collaborator´s consent and the execution of the contractual relationship between the Collaborator and CASE.
For how long: During the Term of the Project and, once ended, for an additional period of 6 years.
Rights granted: Collaborator may exercise the privacy rights granted by current legislation by means of sending a written communication to CASE using the contact details shown above. Collaborator shall send a copy of his/her ID card, passport or any other valid document for his/her identification. Collaborator has also the right to submit a complaint before the competent Data Protection Authority when considering that the processing of his/her personal data violates the applicable data protection regulations.
If, for any reasons attributable to CASE, the Collaborator is unable to complete Collaboration, the Collaborator may terminate their collaboration by giving one (1) months’ notice.
If, for any reasons attributable to Collaborator, CASE is unable to complete Collaboration, CASE may terminate their collaboration by giving one (1) months’ notice.
Both Parties may terminate Collaboration without justification by sending a written notice to the other Party one (1) month in advance.
Notwithstanding the foregoing, the Parties may terminate Collaboration, with no prior notice, if the other Party has not performed their contractual or statutory obligations, either in whole or in part,and has not rectified the breach or its consequences within thirty (30) working days after receipt of the notice of breach sent by the other Party.
a) Nature of the relationship: This TCs is commercial in nature and the Parties are independent entities, with no employment relationship between them. Neither Party may act as representative or agent of the other, nor may it take any action that implies a link or dependence on the other.
b) Taxes: Any relevant taxes resulting from this collaboration will be borne by the responsible party according to the applicable law.
c) Assignment: This agreement is of an "intuitu personae" nature and the legal relationship of a commercial nature established under these TCs between the Parties may not be transferred wholly or in part to third parties, unless prior written agreement between the Parties.
d) Integrity: These TCs constitute the entire agreement reached between the Parties with respect to the subject matter thereof, thereby including and rendering void any previous agreements that could have been reached between the Parties.
e) Modification: CASE reserves the right to modify these TCs, whenever it considers it appropriate and/or in order to adapt and comply with any changes in legislation and in technology which have become effective since the last publication of the same on the relevant website.
f) Notices: Any notice to be given hereunder by any party to the other may be affected either by personal delivery in writing or by mail, registered or certified, postage pre-paid with return receipt requested. Mailed notices shall be addressed to the Parties at the contact addresses. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated as of five (5) days after mailing.
g) Nullity: The illegality, invalidity or ineffectiveness of any of the clauses of these TCs will not affect the effectiveness of the rest, provided that the rights and obligations of the Parties are not affected in an essential way. Said clauses should be replaced or integrated with others that, in accordance with the applicable law, corresponding to the substituted ones.
h) Headings: The headings of the different sections herein only have an informative nature and do not affect, qualify or modify the interpretation of these TCs.
i) Governing law and jurisdiction: This Agreement shall be governed by the law of Spain. Any dispute arising out of or relating to these TCs will be submitted to the competent courts according to the applicable law and the parties expressly consent to the exclusive jurisdiction of such courts.